Republic v Communications Authority of Kenya Ex parte Information Communication Technology Association of Kenya (ICTAK) [2022] KEELRC 128 (KLR)
The bottom line
#The Employment and Labour Relations Court refused to disturb a taxing master's Kshs.190,070 fee award because the advocate showed no error of principle.
What this practically means
#Executive summary
#Key legal issues
#Whether the Taxing Master's award was so low as to constitute an error in principle warranting interference
No. The court agreed the suit was simple, speedily concluded, and that no basis existed to disturb the taxation awarding Kshs.190,070.
The court reviewed the bill and the taxing ruling, noting the matter was filed on 23rd June 2020 and judgment delivered on 9th April 2021, disposed of by written submissions with only virtual mentions, directions and judgment due to COVID-19 protocols. The issue was straightforward. The Applicant also failed to submit on all objected items and did not justify his demand of Kshs.6,987,000 instruction fees or Kshs.3,493,500 getting up fees. No error in principle was demonstrated.
Whether the Applicant discharged the burden of justifying the instruction fees claimed
No. The Applicant's submissions addressed only item 1 and provided no justification for the sums claimed.
The Respondent argued, and the court accepted, that although the Applicant objected to items 1, 14, 15, 22, 23, 24, 26, 27 and 38, submissions were made only on instruction fees. The court noted the Applicant made no attempt to justify the demand for Kshs.6,987,000 in instruction fees or Kshs.3,493,500 as getting up fees, and further noted the proceedings were public law proceedings between public bodies.
Legal principles established
#- A court will not interfere with a Taxing Master's ruling merely because it holds a different view; it will interfere only where the Taxing Master is clearly wrong or erred in principle
- A party seeking to demonstrate complexity of proceedings must demonstrate specific elements judged on the basis of recognition and treatment of those elements
Court orders
#- 1.The reference is dismissed with costs
- 2.It is so ordered
- Jurisdiction invoked
- Rule 11 of the Advocates (Remuneration) Order 1962 - reference against decision of the Taxing Master
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Communications Authority of Kenya Ex parte Information Communication Technology Association of Kenya (ICTAK) [2022] KEELRC 128 (KLR)", Case Analysis (2022). Chamber Summons dated 5th December 2021 (Judicial Review Reference under Rule 11, Advocates (Remuneration) Order 1962). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/128/eng@2022-04-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.